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HomeMy WebLinkAboutContract 26849 R CONSENT AGREElV%AT FOR TEMPORARY USE OF PUBLIC PROPERTY STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a municipal corporation of Tarrant County, Texas, acting herein by and through its duly authorized Building Official, herinafter referred to as the "City"' and 4" c')/vrt i�rrfrti S y ST--! •t s LTy acting by and through its duly authorized V e,Non 606rAl f S y 5-7--e ter► S t.7,t> , hereinafter referred to as "Grantee". WITNESSETH: 1. For and in consideration of the payment by Grantee of the charges set out below and the true and faithful performance of the mutual covenants herein contained, City hereby grants to Grantee Iiis:;1011 w ''...1111%Urariij' :ilAcfk,;Lis-.i Cii, 1>:_ , �iL.� .^.•�"i11�j' �`%.xt'_: : yr the space under, on and/or above the streets, alleys, sidewalks or other public rights-of-way as follows: 6e, At w! R o -e S v o 77,E .Si -0- VA..) eoti nr Log- ti -e St�S Yrl[i,i n Sf. c Dff EG'EaEV w_ The location and description of said encroachment is more particularly described in Exhibit `B" attached hereto, incorporated herein and made a part hereof for all purposes. 2. All use and occupancy of public streets; alleys, sidewalks or other public rights-of-way under this agreement shall be in strict compliance with the Charter, Ordinances and Codes of City and in accordance with the directions of the Building Official and the Director of Transportation and Public Works of City: 3. Upon expiration of this agreement and the privileges granted hereunder, there shall be no encroachment by Grantee in, under, on or above the surface of the public rights-of-way involved. 4. Grantee agrees to pay in advance an encroachment fee for the temporary privilege of encroaching upon a portion of the public rights- of-way as described in Exhibit "B". Said fee is calculated in the manner ^n� �mni�ntg rt.r�rr;hp<i by the Ri,ilrUnr, Cgrip of thp, Citv of rrnfi Worth for temporary use or occupancy of puuiic prupt;iLy. mile e5liniaL�;u LU Lai amount of said fee is 9 —A q O �-Q Re- Closure.. 11-e uDQD SIN M(I-- TAQY 2 5. Grantee, at no expense to City, shall make proper provision for the relocation and/or installation of any existing or future traffic control devices or other improvements affected by such encroachment, use and occupancy, including the securing of approval and consent from the appropriate agencies of the State and its political subdivisions. In the event that any installation; reinstallation, relocation or repair of any existing or future traffic control device or improvement owned or constructed by or on behalf of the public or at public expense is made more costly by virtue of the existence of such encroachment and use, Grantee shall pay to City an additional amount equal to such additional cost as determined by City. 6. The term of this agreement shall be for days, from ° toG`!�°' provided, however, should the need for the encroachments t� I n`.,+�ct �f �m tire.. .^a s- (' nrtAp nRy^ n� o itYm• f�l?t!Ay brU.lA .,:.+ il'v..� .z L.. t c.,l l.� :.,...'�. __C.J.. .71•t:. f' l Y notify City of such condition; and, upon receipt ol.sucli notice try the Building Official of the City of Fort Worth, this agreement shall terminate. Aklfi G'ECOID (f lea l'b�\:iL'�:��q UISGUo 7. It is expressly understood and agreed that this Consent Agreement is for a temporary encroachment in, under, over and upon the public property as located and described in Exhibit `B". This agreement shall not be construed as the granting of a permanent easement, encroachment or license upon City's public streets, alleys, sidewalks or other rights-of- way. 8. City, through its duly authorized representatives, shall have the full and unrestricted right to enter upon all public rights-of-way for the purpose of making inspections to determine compliance with the terms, covenants and conditions herein. In the event that any inspection should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24) hours of receipt of the notice, or within such shorter period of time as deemed necessary by the Building Official for the protection of public health or safety, City may terminate and cancel this agreement. Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at no expense to City, restore the public rights-of-way and adjacent supporting structures to a condition acceptable to the Director of Transportation and Public W duly authorized representative and in accordance with thei L e� l G� u. 11 u specifications, and Grantee shall remove all barricades, eqip5i ,{'�(�B supplies, materials or other property from said location. Grantee further 4 covenants and agrees that for a period of one (1) year after the termination of this Consent Agreement, Grantee will repair all conditions or damages too the streets and sidewalks or other rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or other rights-of-way, as determined by the Director of Transportation and Public Works or his designee. Grantee agrees to begin such repairs within thirty (3 0) days of receipt of notice from the Director of Transportation and Public Works or his designee. All repairs shall be performed in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, ordinances and City specifications. In the event that Grantee fails to comply with the covenants herein contained with respect to such removal or restoration, the City shall have the right to remove or dispose of any barricades, equipment, supplies, materials or other property and repair any conditions which in the opinion of the City are necessary to bring the public rights-of-way to the condition prescribed herein, and City shall not be responsible for r'O r ;f, � r•�.�r �,- 1;r31,;1 + n 7 Pmovnl V.•��i.,`; .c, ✓4 . jpv i 1Atu�., moi. .t �,.J :p1 ,np �rtinn ti✓lth Cll(`l r or restoration. Grantee sha11 reimburse CiLy for the cost anu expense of such removal and/or repairs immediately following billing for same by City. Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued encroachment �U�r'11EIR 'rA Ry upon the public rights-of-way following termination of this Consent Agreement. 10. It is further understood and agreed between the parties hereto that City holds the city streets, alleys, sidewalks and other public rights-of- way, including the portions of such streets used and encroached upon as described herein, as trustee for the public; that City exercises such powers over the streets as have been delegated to it by the Constitution of the State of Texas or by the Legislature; and that City cannot contract away its duty and its legislative power to control the streets for the use and benefit of the public. It is accordingly agreed that if the governing body of City, to wit, its City Council, should at any time during the term hereof determine in its sole discretion to use or cause or permit to be used for any public purpose the said encroached portion of the streets, then this agreement shall be automatically canceled and terminated. 11. Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, operation and maintenance of said encroachments and uses. 12. Grantee agrees to pay promptly when due all fees, taxes or rentals provided.for by this agreement or by any federal, state or local statute, law or regulation. l':��Qypr �G�i -�U�: 6 U Uo uvy.�l)1 J� li t e 13. Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder as an independent contractor, and not as an officer, agent, servant or employee of City; that Grantee shall have exclusive control of and the exclusive right to control the details of its operations and activities on said described public property and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between City and Grantee, its officers, agents, servants, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Grantee. 14. Grantee covenants and agrees to indemnify, and does hereby indemnify, hold harmless and defend City, its officers, agents, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the maintenance, occupancy, use, existence or location of said encroachment and uses granted hereunder, whether or not caused, in whole or in part, by alleged negligence of officers, agents,-servants, I G� CuD CNN C,C BEY FHa � o employees, contractors, subcontractors, licensees or invitees of City; and grantee hereby assumes all liability and responsibility of City, its officers, agents, servants and employees, for such claims or suits. Grantee shall likewise assume all liability and responsibility and shall indemnify City for any and all injury or damage to City property, arising out of or in connection with any and all acts or omissions of Grantee, its officers, agents, servants, employees, contractors, subcontractors, licensees, invitees or trespassers. 15. Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate holder, as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit "B". The amounts of such insurance shall be not less than the following: Property damage, per occurrence $100,000 Bodily injury, per person $2504000 Bodily injury or death, per occurrence $500,000 With the understanding of and agreement by Grantee that such insurance arI'rnmts shall he revised i Award at City's option and th9t Grantee shall so revise such amounts immediately following notice to grantee of such requirement. Such insurance policy shall provide that it cannot be canceled or amended without at least thirty (30) days' prior written notice to the Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit "A". Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary date of the execution of this agreement. Grantee agrees, binds and obligates itself, its successors and assigns, to maintain and keep in force such public liability insurance at all times during the term of this agreement and until the removal of all encroachments and the cleaning and restoration of the city streets. All insurance coverage required herein shall include coverage of all of Grantee's contractors. 16. Grantee covenants and agrees that it will not assign all or any of its rights, privileges or duties under this contract without the prior written approval of City, and any attempted assignment without such prior written approval shall be void. 17. This agreement shall be binding upon the parties hereto, their successors and assigns. 18. Should any action, whether real or asserted, at law or in equity, arise out Ui dhe L;z,.'a.s cdnd co;j-litic, :'+711s 2�1011". 1¢ 'nr mit of t1-1n „gin and occupancy of City property as pennitted hereunder, venue for said action shall be in Tarrant County, Texas. 19. In any action brought by City for the enforcement of the obligations of Grantee, City shall be entitled to recover interest and reasonable attorneys' fees. 1 S EXECUTED This day of A 5200t GRANTOR: G NTE CITY OF FOYY�VD Tu ��Q. ys.. B �). jerl- BY• � IQB�UILDING OYFICIAL - - APPR ED FORM AND LEGALITY: TITLE a TTORNE DATE: CITY SEC RE RY DATE: Contract Authorization Date NU���� U;l� ° U Zo -,G4�N�a 0 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notar v Public in and For the State a{Teras, on this day personally appeared G-i 1�0, —��,Y-Ni r&r ' 3 ,known to me to be theperson whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes aid consideration therein expressed, as the act and deed of �zc c and in the capacity therein stated. GIPXN UADER MYHAND AND SEAL OF OFFICE this _ day of 20 "_. Affrant � DNISbT�N ,...... 'Otarf,Public in andfor Notery Pubilei State of Tex®d k my o®rtiffilam ow" Th e State of Texas �2E CUD 11 e J,:•v7- STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and Fort Stat ofas, off this day personally appeared i -e- ,known to me to be the person whose name is subscribed to th oregoing instrument, and acknowledged to me that he/she executed the sante for the purpose and onsidera(ion I erein expressed, as the act and deed of vY , and in the capacity therein stated GI�4N UNDER MY HAND AND SEAL OF OFFICE th is day !he 20P— f fit 1 e o u lic in nd for The State of Texas 12 (NT til- 'M Eff A�iCH�R ROOFING SYSTEMS LTD. ()9 cl L) z -c C� — Co v l U s -e c 7- Y A4 S 7.e-e - T L 1 l I 14 '1 Lly I � VD DD I ;'Nf c"El(VPWy!I LRLJI��1-21LHIIHI0- 2809 North Houston • Fort Worth, Texas 76106-7138•Certified WBE/DBE• www.anchor-rfg.com (817) 625-4351 •Metro 429-3734 •Fax(817) 625-9709 - 3 END END ROAD WORK i ROAD WORK JL o+ 0 0 l I �000 o 0 o � t 0 o 0 O + � O I Q 13 �Q t t rd 11� I LULU o I �� 0 0 0 RIGHT LANE , oQ RIGHT LANE CLOSED c CLOSED AHEAD AHEAD t t o I _ o RIGHT LANE RIGHT LANE p0 CLOSED CLOSED p AHEAD AHEAD p O = O m _ Z g X� E m ROAD Si. ( + JL y WORK J AHEAD X I X Q ROAD WORK AHEAD t t t o This plan is submitted for TCP. I certify this plan will be used for the following location(s): N /'tit s 7-le-e r 3-e Tw•t IW 4 w and that all channelizing devices will conform to "General Notes" as shown on the back. Id Signature: �'� Date: CITY OF FORT WORTH TYPICAL ONE WAY STREET TRANSPORTATION TWO -LANE CLOSURE r A AND Note: � PUBLIC WORKS se�v raa-side for General Notes and Device-Spacing— PLA +FB�� "GENERAL NOTES" 1. All channelizing devices shall be in accordance with the current edition of the Texas Manual on Uniform Traffic Control Devices. 2. All Traffic Control Devices shall have working visible warning lights as required in accordance with the current edition of TMUTCD. 3. For Temporary Situations, when it is not feasible to remove and restore pavement markings, channelization must be made dominant by using a very close device spacing. This is especially important in locations of conflicting information, such as where traffic is directed over a double yellow centerline. In such locations, channelizing device spacing of 10 feet is required. 4. For Long Term Stationary work, all conflicting pavement markings must be removed and centerline striping provided where two way traffic is in adjacent lanes. 5. Contractor shall provide sidewalk closure, crosswalk closure and/or walkway bypass wherever pedestrian movements are affected by construction activities. All sidewalks and crosswalks shall be accessible when contractor is not working unless otherwise approved by the City Traffic Engineer. 6. The use of trailer mounted ARROW DISPLAYS may be required on all lane closures. The contractor shall provide one (1) stand-by unit in good working condition at the job site, ready for use, if his operation requires 24-hour a day closure set-ups and if required. 7. City Traffic Engineer and/or Inspectors may require additional traffic control devices. TYPICAL TRANSITION LENGTHS AND SUGGESTED MAXIMUM SPACING OF DEVICES Minimum Desirable Taper Suggested Maximum Device Suggested Sign Len the L Feet Spa inSpacing Feet Posted 10' 11' 12' On a Taper On a Tangent Speed Formula` Lane Lane Lane (Feet) (Feet) MPH Offset Offset Offset Dimension 30 150 165 180 30 60-75 120 35 L=— 205 225 245 35 70-90 160 60 40 265 295 320 40 80-100 240 45 450 495 540 45 90-110 320 50 L-WS 500 1 550 1 600 50 100-125 400 `L=Taper length in feet W=Width of offset in feet S=Posted speed Note: Buffer Zone will be 25 feet(maximum). LEGEND 0 o Channelizing devices Trailer mounted arrow display Q)PFu'll,L�!ri`aL 11`'E 0 R D Flagger l ( M Barricade U Uc ll'J'�'r1��Ull� �l,L'Uo ACORDn� CERTIFICATE OF LIABILITY INSURANCE � 10DATE%25L/0f00 PRODUCER - _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION t LUCIEN WRIGHT INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND; EXTEND OR 1.20!' West Freeway # 2C0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, i E'ort Worth, Texas 76102 INSURERS AFFORDING COVERAGE c I INSURED Anchor Roofinr,. Systems, Ltd. , tiuK-lc=?.A. F-rr.e.rican Mfg. Mutual Ins. IN0JREI;e Tumbermens Mutual Cas. Ins- 2909 N Houston: Street 114ti.RER" National Union Fire Ins. FORT WORTH TX 76106 1N• Ur ERI' i X517/6 2 5-4 3 51 FAX 6 2 5-7 8 8 5 COVERAGES - _ _ THE POLICIES 0=INSURANCE LISTED BELOW HAVE.BEEN ISSUED TO THE R:SURED NZiEC ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING E ANY Rc0U1REVEN7,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IIMAY BE ISSUED OR FRAY PERTAIN,THE I:NSUP.A ICE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH FOLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITISRPOLICY EFFECTIVE POLICY EXPIO LTR TYPE OF IrISURANCE I PCUCYNLNBER ..W. J DATE MWCOIYJ DATE WIDONYV LIN11TS GENEPAL LIABLLr1Y cAaO�_•UL,;,:ENICE 31,000,000 ' X COI•.I)IERCIi..L GEPER=J.Li.=EILIT'i I F'=E CdA 14GE(a)yone fir: s50,000 j ',4hS NI=GE X�GCCLIP. .IED E4r ry a-e per ari 3 5i 000 A X CONTRACTUAL 5AC042141-03 M/09/00 08;09101 -Er scTLAI.6AovINJUR•: S1,000,000 X CG2503 GEIIERA; c,•3;:E31.-E:3 %2,000,000/1 (� I 13EN''_A ,'!=GATEL'F:''TA?PUESr R :'HODLICTS-:%!C!i:PA:+3� 12,000,000 E P,LII_„ X PR-- LOC JECT _ ALITONOBILE LIABILrrY `-- _--- CGL;E'!`K''SINu^LE LIM!7 (Eeetnderl) 1,00 ,000 d ALL OWI-EJ ALTOS EOILY It�tFY Cnc0ULE0��-T"c (^:.•arsnnj S B x F5D026796-03 08/09/00 08/09/01 ?I:OILYITLLk: 1 lr gr G_i i&rzr p x rA Int vrrlE�a ro:. agJ.�;Tr GP.t s at; GARAGE LIABILITY - ' AL�T.j ONLY-_S AC'=:DEN' % AJN �TtiEr rH;,ly E:,e 3 j 5 .:,:nn ONLY EXCEw LIABILITY EACH OCCUF�Ei.---E 15,000,000 X :1L C:-AIMS FLi7c ASG sr= 15,000,000 , _ 3SX005622-02 08109/00 08/09/01 1 C rcCL1_TIE_= r $ Q _ x -E-ctiTl:r: 4 10,000 % I f WZRKERS CCMF ENSATON AYD ?i TO.•'I jN EMPLOYFRSILIABIUTY 51314043217-02 08/09/00 08/09/0" F Fz.cHFCCICEN: s500,000 A EL c+sEs_-F.AEaFLcrEc 3500,000 _f EL DSE =-Lct LIr•,,T s 500,000 1 i F aTHER IN NARI.NE 3AT642007-03 08/09/00 08!09/01 LEASED EQUIP $150,000 INSTALLATION $650, 000 PER OCC $25,000 STORAGE 00^ IN TRANSIT 02SCRIF7!ON OF OPERATOf•'SILOCATj0.NSNEHICLESrEY.CLUSIONS ADDED BY ENC�OR•SEMEATISFSSIAL PRC 1SIONS - rR.OJ:WORTi~INGTON HOTEL REROOF,200 W-fflK ST, FT WORTH:. CITY OF FORT FORTH & � RANDY EURKETT INCLUDSD AS ADDITIONAL INSURED ON GEN LIA, AUTO LIA & � UME;REEL LA. 3 CERTIFICATE HOLDER i ADCITIONAL RSURED;iNSL:RER LETTER: CANCELLATION SHOULO MY OF THE ASOYE DESCR,EEC POLICIES BE CANCELLEC BEFORE THE EXPIRATION CITY OF FORT WORTH DATE THEREO=,THE G^,'DING INSURER WILL ENDEAVOR TO MJJL 30 DAYS'hRrR.-N t AT T N: KIM NOTICE TO THE CERTIF CAT.-HI:LDER NAMED TO TF LEFT,E•JT FAILURE TO 00 SO SHALL S 1000 Tif.-ROCKl'_ORTON &':.FCSE NO_•LGATiON CP,LI.45IJT`OF P.NY KIND UFrON THE&SURER,I'.S AGE'+T3 CR FT WORT:: 1'X /60012 REPRE3EN'A7-✓-e S. fAUTHOPSED R-EPRESENTATI`.'E FAX 817/871-8105 L-... 1 - -— ACORD 25-S(719,7) ©ACORD CORPORATION 1998 HI�F � G Gl�uG'@ 0 � u1l5': U L � n '�'�`'1iUp VE X